The sixt Chapter. The third Precept; of the sanctification of the name of God.
1 THe Hebrues call an oth by the name of Nischba, being a noune deriued of Schaba, that is, seuen; by which number is expressed the power of the holie Ghost, séeing whosoeuer sweareth, let him vnderstand that he is bound and tied by that oth. 2 The definition is, that the same is a confirmation of the will, by the testimonie of God, or of diuine things. 3 Of his owne nature it is good, yet the abuse therof may doo harme; as the Eucharist, as meate, and drinke. Also by the end thereof, it is declared to be good: for it is ordeined to the intent anie man may iustifie and purge himselfe thereby, that there may be a faithfulnesse of speaking, which oftentimes dooth much auaile: yea euen to the finishing of controuersies: and this is written in the sixt chapter of the Hebrues. 4 Furthermore, it hath his beginning from a right faith in God: for bicause we estéeme all things to be throughlie knowne vnto him. Againe, we iudge that he is a louer of the truth, and a reuenger of periurie: all which points of godlinesse are not to be despised. Also an oth serueth to the honour of God; bicause we extoll the name of him. And therein we confesse God to be the greater and more excellent, sith that (as we read in the sixt chapter to the Hebrues, 5 ) We alwaies sweare by the greater. An oth is a certeine confessing of the excellencie of God. Wherefore, not without cause it is said in the lawe, Lo tisa; Thou shalt not bring in the name of God for a lie.
Nasa signifieth, To aduance; as though they that sweare, doo by their oth extoll the name of God. Yet must we not héereof conclude, if it be good, if it make to the honour of God, that therefore it should be often times vsed. 6 For although an oth be apperteining to the seruice of God; yet is the institution of the same to helpe the néed of the brethren, if credit be not giuen vnto vs, or else, where one partie is not beléeued of an other. So that, where such a néed shall not happen, neither shall an oth be vsed. 7 Euen in like maner, as a medicine is in verie déed profitable; yet wheras a fit occasion of a sicke person vrgeth not, it must not be ministred. But whereas it is said in the Gospell, 8 that an oth commeth of euill, it is not preiudiciall to the goodnesse of an oth. For it nothing at all hindereth, that some things doo spring of an ill occasion, which notwithstanding are good; as be medicines, vertues, meats, and drinks.
2 In the old lawe, 9 an oth was oftentimes to be taken: the which, if it be kept true, sound, and inuiolable; faith also betwéene men continueth pure, and perfect: but this being violated, hardlie can faith it selfe remaine sound. Neither is it vnknowne, that for manie causes men are prouoked vnto periurie. First, bicause they doo excéedinglie desire to hurt him, whom they hate; and on the other side, by all meanes possible to gratifie their fréends. Sometimes they be mooued by couetousnes and gréedie desire, being vnwilling to paie that which they owe, to restore that which is laid to kéepe, or to recompense the harmes doone. In the 22. chapter of Exodus, 10 God commanded, that in the case of laieng to pledge, and also in the case of theft and robberie, an oth should be taken. 11 In the booke of numbers cursings are commanded to be vsed for gelosie. And the epistle to the Hebrues teacheth, 12 that verie manie controuersies be decided by an oth. For when a thing cannot otherwise be doone, we must flie vnto God himselfe, who is the searcher of the hart and reines; and vnto his eies all things are manifest, be they neuer so secret. But when iudges can define causes otherwise, they must not minister an oth vnto those, which be the aduersaries in lawe. But oftentimes proofes be wanting, neither are witnesses readie present, or else there is onelie one found; or he that is pleaded guiltie, is troubled onelie vpon report and suspicions, which be not verie certeine: in déed in such cases, an oth must be taken.
13 But in this matter must not be omitted, that by the lawyers there be appointed thrée or foure kinds of swearing. The first is a voluntarie oth, which is both giuen and taken among priuate men, and that in couenants, bargaines, and particular agréements; which kind of oth it is frée for euerie one to take or refuse. An other is called necessarie; bicause it cannot be refused without most great and weightie causes: for it is giuen by the iudge or the magistrate. The third, they doo call iudiciall, the which the aduersaries in lawe doo one owe vnto the other, which when it is offered by the defendant, vnto the plaintife, it is of necessitie; otherwise it may be oftentimes refused. Also there is an affirming oth, which belongeth vnto the time present and past: for things that are to come, cannot be affirmed, séeing they be not knowne; although an oth of promise hath respect vnto the time to come: and then is it shewed, when we bind our selues, either to doo, or not to doo anie thing. And in euerie oth GOD is called to be a witnesse. which thing is sometimes doone simplie, and absolutelie; and somtimes he is appealed vnto, as to a iudge and reuenger against a lier.
14 3 There remaineth, that we sée whether it be lawfull for a christian man to vse an oth. Some there be, which vtterlie denie it, and detest it, bicause of the words of the Lord; But I saie vnto you, ye shall not sweare at all, let your communication be yea yea, naie naie. But the father is not repugnant to the sonne. The Lord, in the 22. of Exodus, 15 commandeth the magistrate of Israel, in some certeine cases, to take and demand an oth: therefore it is lawfull. Esaie, in the 65. and Ieremie in the fourth, 16 doo promise in the name of God to the holie people, that they should sweare by the true God. God did sweare. Christ added to his spéech; 17 Verelie, verelie. He being adiured or charged by oth of the high priest, 18 did not reprooue the fact, as an euill thing; but he obeied it. Paule, in the first to the Corinthians, the 15. chap. sweareth. And in the second to the Corinthians, 19 he calleth God a witnes vnto his soule. 20 The angels doo sweare. Moreouer, an oth oftentimes redoundeth to the profit of our neihbour, and hath ioined therewith an honour towards God; therefore it is not to be detested.
21 4 And little dooth it further these men, when they saie, that the sentences of the lawe and of the prophets doo prooue nothing. Since that we be a new people, there ought to be performed far more excellent things than be there conteined: for the comming of Christ brought no new thing as touching works; onelie it brought a more ample spirit, and more plentifull grace. Vndoutedlie, whatsoeuer good and healthfull thing we can doo, is conteined in the lawe and the prophets. And would to God that we were able to accomplish such, and so manie godlie works, as God hath there prouided to be expressed vnto vs! Séeing therefore that no man is better able to order politike gouernements and Common-weales, than God himselfe, and that he would, that an oth should there be of force; let vs also suffer it there to be. For Christ came not to abolish Common-weales in politike gouernements; no rather, he left them in their owne estate. And now, séeing the magistrate hath oftentimes to doo with disloiall men, why should he not vse the due remedie appointed by God? The words of Christ in the fift of Matthew; Sweare not at all, 22 must be expounded, and are not so strictlie to be vnderstood as they sound. The meaning of Christs words is, to require the lawe of vs, that we should liue togither so faithfullie, and according to charitie, as we might haue no néed of an oth. Let euerie one therefore take héed to himselfe, that he be not called by his owne default, and that as touching this matter, he satisfie the words of Christ; who for all this saieng, decréed not, but that (if we happen to deale with men that be not so affected, or indued with so much godlinesse, whom neuerthelesse it is expedient for vs somwhat to beléeue) it is lawfull to sweare; especiallie where the glorie of the Lord may be aduanced.
Neither let it trouble thée, 23 that Christ in his words hath this phrase; Not at all. For his spéech was specially spoken against the Scribes and Pharisies, who were bold to saie, that those oths were established and firme, which be exhibited by the name of God: but those, which are sworne by heauen, by the earth, by the altar, by the temple, and such like, are not of force; and that therefore it is not lawfull to transgresse them. These things Christ confuteth, and would that all these oths should be of great importance; and therefore persuadeth, that so far as lieth in our power, we should so liue, and in such sort behaue our selues, as that through our default we be not called to an oth. 24 Neither are the oths, which are sworne by creatures, to be lightlie estéemed, as they accounted them; séeing they are not created, to the end we should abuse them, as witnesses of our vntruth: they ought to be instruments of vertues, not of vices. And if we abuse them in this sort, the iniurie that is doon is great, yea and that verie great: for when they be called as witnesses in an oth, our mind telleth vs of them, that they belong vnto God, and that the power of God dooth shine in them. For an oth (as it is in the epistle to the Hebrues) is alwaies made by some thing greater than he that sweareth. 25 But creatures be inferiours vnto men, vnlesse they be considered as they be the host of God, and doo seruice vnto him: and so to sweare by creatures is not forbidden. Wherefore, when we sweare, we vse the holie Euangelists, the bodie of Christ, faith, and other like words.
Ioseph sware by the life of Pharao. 26 And Moses, and the prophets doo call the heauens and the earth to witnes of those words, which they were to speake vnto the people. Let those oths therefore, contrarie vnto the opinion of the Scribes and Pharisies, be firme and stedfast oths: and as touching our owne conuersation, let vs so liue, that there be no néed for vs to sware; neither by God, nor yet by anie other thing at all. And this is that same At all, which Christ spake of. There be also oths made of cursings: 27 as Paule, who in the second to the Corinthians calleth God for a witnes vnto his soule. And in the holie scriptures of the old testament, they sware in a maner alwais by that particle If: and there wanteth the expressing of the cursse, which must be alwaies supplied of vs. The doctrine of the Pharisies was so corrupt, as they iudged themselues to fulfill the lawe throughlie, if they performed the thing which they sware. But Christ declareth it to be otherwise; namelie, that we ought to be of so great integritie of life, as oths might be superfluous, and to be abolished. And by this selfe-same waie we must interpret the words of Iames, 28 in the which he saith; Let vs not sweare anie oth, neither by heauen, nor by earth. By which meanes it is denied, that the swearing by God should be in vse of the godlie, and so in like maner of swearing by creatures.
29 5 The Anabaptists vse an other argument; Things to come are not in our power to be doone, and God may let the thing which we promise to doo; Therfore it is better not to sweare, than to promise doubtfull things. For this is wittinglie, to cast himselfe into the perill of periurie. But if this reason of theirs be of force, it will togither take awaie all bargains, all promises, couenants, vowes, yea and baptisme it selfe; wherein we offer our name vnto Christ, and bind our selues, that we will liue vnto him, to renounce the diuell and our sinnes: all which things neuerthelesse are approued by the oracles of God: those things (I saie) which I haue mentioned. Neither put we foorth our selues (as they thinke) into the danger of periurie: for when we sweare, it sufficeth that we haue this will, of performing that which we promise. But if so be God shall shew, that we ought to doo otherwise, and it shall be declared that our promise is against Gods will; now ought not he, to whom we haue sworne, to exact the same of vs: which if perhaps he shall doo, his right shall be accounted no right. For no seruant can bind himselfe vnto anie man, without the will of his lord. And who knoweth not, that God is our Lord, and that we be bound to loue him with all our strength, with all our hart, and with all our mind? Wherefore, so often as we sweare, our desire is, that his will, and the obeieng of him be euermore inuiolate. Whereby appéereth the making frustrate of monasticall vowes: for there men doo sweare that, which is repugnant to the will of God; for which cause it must be abrogated and abolished. But concerning these vowes, we shall speake larger hereafter: it sufficeth now, that we haue made answer to this argument of the Anabaptists.
30 6 But now let vs come to the describing of that, which is to be blamed in oths. And let this be the first. If we sweare anie thing, which is repugnant to the will of God, there sinne is committed two waies; first, by swearing rashlie; secondlie, if we performe that which we haue wickedlie sworne: as Herod did, when he deliuered the head of Iohn Baptist, 31 vnto a most wicked dansing damsell. A great deale more wiselie did Dauid, 32 in breaking his oth: for he had sworne, that he would kill Nabal the Carmelite; yet being throughlie instructed, and pacified by the words of Abigael, he reuoked that which he had sworne amisse. For he had said; So let God doo vnto the enimies of Dauid, if of all that perteine vnto Nabal, I leaue one, &c. In which place it is to be noted, that we must not will anie thing; that we must not promise nor sweare to doo anie thing, that is not allowed by God. 33 This haue the words of Gods lawe declared to vs, wherein we be commanded to loue God with all our hart, with all our strength, and with all our soule: and this haue we vndertaken to doo in baptisme. Therefore, whether we be sworne, or not sworne, we are neuer bound by anie lawe, to doo anie thing that is against the will of God. But and if we haue sworne to doo anie such thing, the same must not be performed.
Neither ought anie man to thinke, that he hath then broken his oth, séeing the same is not to be imputed as an oth: for the licence of swearing extendeth no further, than God hath giuen scope vnto the same. It is not conuenient therfore, that we take an oth for anie thing, which is repugnant to the good pleasure of God. Howbeit, let euerie one take héed, that he thinke not himselfe at anie time discharged of his oth; vnlesse that, for the which he hath sworne, be made vnpossible; or else perceiueth for a certeintie, that the same is repugnant to the word of God, no not although the Pope would dispense with him neuer so often. Antichrist is not able to make frustrate the word of GOD. But those oths, which be void and of none effect, bicause they be against the lawe of God, be dispensed with euen of themselues: neither is there néed of [such] apostolicall (yea rather diabolicall) power, to make them frustrate and of none effect.
But if thou shalt obiect vnto me the oth of the Gabaonites, 34 wherein the children of Israel promised that which was against the decrée of God; namelie, that they would enter into league with the men of that prouince, and yet GOD would the same to be established, for that he minded that the stocke of Saule should be punished for that oth. We answer, that the oth or couenant in his owne nature was void, and of none effect: but that God held the same established, bicause he would bring punishment vpon the Iewes; namelie, when they had ouer-rashlie sworne vnto them, without consideration of Gods word. Wherefore it was necessarie afterward, that they should suffer them among them. And forsomuch as God allowed of the oth, therefore by his decrée it was afterward of strength, although immediatlie vpon the making thereof it was void. And at the last this thing redounded to the honor and commoditie of the people, so as in verie déed they had these strangers to be the hewers of wood, & which alwaies drew water vnto the ministers of God.
35 8 An other thing that is to be blamed in an oth, is, if a man doo not sweare, but forsweare. 36 Which sinne is so gréeuous, as of that onelie, among the ten co~mandements, you find written, Lo Iinke, 37 He will not forgiue him, He will not hold him guiltlesse. For God is highlie offended, when we abuse his name to confirme our lies. But if so be the basest sort of men manie times cannot abide, that they should be accounted witnesses of a lie; how much lesse will God suffer a lie? Besides, our neighbor taketh verie great hurt, not of the bodie, substance, or name; but of the mind, that is to wit, of reason: for he that is a forswearer, dooth alwaies beguile and deceiue; which is to seduce the reason of man. Politike gouernements, and common-weales also are ouerthrowne, vnlesse we stand vnto our oths & couenants. And this the Hebrues, in a certeine Apollogie of theirs doo declare; who write, that when the tables were giuen vpon mount Sina, so soone as the lawe was made concerning periurie, the whole world was shaken. 38 Let euerie one therefore beware of it, and let him kéepe faith euen with his enimies, with théeues and murtherers, though it be with the losse of his goods or life. For this cause Regulus is commended, who returned to the Carthaginians, although he knew, that at his returne he should suffer most gréeuous punishments: for he minded to satisfie his oth. Augustine in his booke De ciuitate Dei, not without iust cause, setteth foorth his praises; albeit his counsell, whereby he hindered the peace, cannot be praised or allowed. But in that he would in anie wise kéep his oth inuiolate, euen to the hazard of his own life, dooth not that deserue verie great admiration? Neither is it anie let, which some men saie; that by returning vnto théeues, murtherers, and cruell men, if a man knowe for a certeintie that he should be slaine, is to cast himselfe into danger, and to tempt God. For this man was now alreadie, by the will of God, deliuered into the hands of his enimies; neither did he escape thence, without vsing the testimonie of the name of God. Wherefore it behooued him to returne, least God should be had in derision; vnlesse it had béene reuealed vnto him, that the same should be against the word of God.
39 9 Moreouer, we offend in an oth, if a man vse craftie and deceitfull words, purposing to take them according as he himselfe vnderstandeth them, and not as it séemeth to the eares of them which stand by: such a man is not exempted from periurie. For an oth was deuised to finish controuersies, Hebrues, 6. 40 not to sowe them, and to stirre them vp more. Neither ought we to vse this remedie, to the deceiuing and beguiling of minds, which serueth to the establishing of them. Farre be it, that deceit should arise from thence; where truth ought most of all to shew it selfe. 41 Also let vs take héed of an other defect in swearing; namelie, that we sweare not often for light causes, and rashlie, being vrged thervnto by no necessitie, whereby the word of God might be of the lesse estimation. Sildome therefore must anie swearing be vsed, and that for weightie causes: and so shall we the better auoid periurie. Yea and Augustine in the 28. sermon De verbis apostoli, writeth, that Christ and Iames the apostle forbad an oth; not to the end they would vtterlie take awaie the same from the affaires of men; but bicause we might beware of periurie, in not swearing vpon light occasion.
10 Lastlie, in an oth let vs auoid this; that we sweare it not by the name of idols: for that is forbidden in the 23. chapter of Exodus, and in the 23. chapter of Iosua. 42 And God will haue vs to sweare by his owne name: for héerein the worshipping of GOD is intermingled, which should not be attributed vnto idols. Howbeit Augustine, in his epistle Ad Publicolam, granteth vnto the faithfull, that when néed shall require, they may take an oth of the infidels, in the name of their idols; for otherwise, there could be no peace nor truce confirmed with them. In an oth there is chéeflie this confirmation of the will, which is a certeine good thing, that we may vse when we haue néed. And whereas they offer not the same, but vnder the name of idols, it gréeueth vs: and if it laie in vs to amend it, we would willinglie doo it. Once (saith he) we read in the scriptures, that it was doone by Iacob, when he tooke an oth of Laban: 43 Laban sware by the God of Abraham, and by the God of Nachor his father, and by the God of their fathers. But whereas they were idolaters in Babel and in Mesopotamia, it is manifest that that oth was celebrated in the name of strange gods: as Aben-Ezra dooth testifie vpon that place. But if so be thou wilt saie, that there the name of faithfull Abraham is mingled with the other: it maketh no matter at all, bicause he ioineth vnto him Nachor, and the fathers of them; that thou ma⟨…⟩ vnderstand, Abraham to be there comprehended vnder the name of that worshipping, vnder the which he liued in his owne countrie with his parents, which were idolaters: as we read in last of Iosua. But Iacob sware by the true God, 44 whom he calleth the feare of Isaak: wherefore euerie one sware there, according to his owne religion. These things be spoken probablie; howbeit, I know that some of the fathers were of the mind, that Laban sware there by the true God. But Augustine in the place, which I haue now alledged, maketh for me.
45 11 But it appéereth, that Abigael séemeth to sweare by a creature: and héereof the Papists gather, 46 that it is lawfull to sweare by saints. But that we may vnderstand, with how great reason they affirme it, we must call to mind what is an oth. An oth therefore is a calling to record of the name of God, 47 to the confirmation of those things, which either we haue spoken, or promised. When God is called to be a witnesse, there is giuen vnto him, euen that worship, which is most high and singular. For so we testifie, that God is present euerie-where, and séeth all things, and will punish, if a man doo offend. And this is fit for none, but for God onlie: for saints neither be in euerie place, nor yet sée all things. And it is requisite, that all worshipping should procéed of faith; which faith of necessitie is none, insomuch as touching the presence of the saints, we can learne nothing out of the holie scripture. Why then doo we call them to witnesse, of whom we knowe not whether we be heard? Further, they cannot punish whom they would: wherefore these things apperteine vnto God onlie. Thus it is written in the sixt of Deuteronomie; 48 Thou shalt loue the Lord thy God, and him onelie thou shalt worship, and thou shalt sweare by his name. Here, there is an oth ioined vnto the worshipping of God. Foolishlie therefore and vngodlie did Socrates, 49 when he sware by a dog and a goose: and the Manicheis also, when they sware by the light.
50 Ierom vpon these words of Christ in Matthew; Thou shalt not sweare, neither by heauen, neither by the earth, saith, that he dooth not forbid vs to sweare, but that we should not sweare by creatures. 51 And in the fourth Councell of Carthage (which place is also cited in the 22. cause, question 1. in the title Clericus ) it is forbidden, that anie should sweare by creatures: and it is added; that If a clerke shall so sweare, he should be excommunicated and deposed. 52 But we must note, that God is sometime called to record, not absolutelie; but either with vowes & praiers, or else with curssings and execrations. With praiers, as when we saie; As I would liue; As God shall helpe me. Thus sware Io ⟨…⟩h; By the life of Pharao: as if he should saie; So let Pharao liue, as that which I saie is true. And in times past they were woont to sweare by the angel of Caesar, and by the safetie of his children. Howbeit, such forme of oths was taken awaie in the Code. But the cursses are on this sort; Ill come vnto me: or; Let me be confounded. So Dauid in the psalme; If I haue doone this (saith he) and if there be anie wickednes in mine hands, then let mine enimie take awaie mine honour from me, and tread my life in the dust. In these two forms, there is nothing to hinder, but that the name of anie creature, vnto whom we will either good or euill, may be mingled with them. But that name of the creature is onelie there set downe indirectlie: for it is no direct and full oth. On this wise it may be expounded; As I would liue: that is, So God giue me life; or else, So let me be confounded: that is, So let GOD confound me. Here the name of God is held in silence, whereas in verie déed the whole efficacie and taking record in the oth, is referred vnto him onelie. As on the contrarie part, when we saie; Thus and thus God doo by me: the name of God is expressed, but the things themselues be kept vnder silence. Wherefore these things doo not further the Papists at all, for to prooue it lawfull hereby, to call saints which be dead vnto an oth.
12 But let vs sée how rightlie Dauid sware vnto Semei, that he should not die; 53 when as afterward, being at the point of death, 54 he instructed Salomon concerning his affaires, & charged him, among other things, that he should put Semei to death. He séemeth not to stand to his oth, or else he sware not that well, which he wold not haue kept. If he sware, he ought to haue stood to his oth: if he minded not to kéepe his oth, he should not haue sworne. Some saie it ought thus to be ment; that he should not be killed, while Dauid himselfe liued: if he tooke order, that he should be killed after his death, that then he brake not his oth. But this exception was not expressed in the forme of the oth; That which a man dooth by another man, he séemeth to doo it himselfe. He which promiseth anie thing, must not alonelie performe the same; but he must applie his indeuour, that the promise which he hath made, may be performed. So as Dauid ought not to haue stirred vp his son Salomon against Semei; but he should haue giuen charge, that the promise made by him might not haue béene violated. If a man will saie, that although the condition were not expressed; yet the same was in his mind, when he did sweare: we must consider how an oth is to be interpreted, 55 whether according to the mind of him that sweareth, or of him to whom the oth is made. Touching this point, there séemeth to be contrarie opinions. Isidorus in the decrées, the 22. cause, question the fift, the chapter Quacunque arte, writeth; In euerie art let men weigh the words of the oth. God, who is the witnesse of consciences, taketh those words, as he, to whom they be sworne, vnderstandeth them. He iudgeth that the oth must be vnderstood, according to the meaning of him, to whom it is made.
Gregorie in his Moralls, the 26. booke, was of another mind; The eares of men iudge our words to be such, as they sound outwardlie: but the iudgements of God doo heare such things spoken outwardlie, as they be vttered from within. And so he would haue it to appéere, that the words of them which sweare, should be vnderstood according to the mind of him that maketh the oth. These two opinions are reconciled euen by the Schoole-men, and among others by Thomas Aquinas. Oths be made, either as concerning the conscience, or else in respect of outward pleadings. If we speake of the conscience, he which sweareth, either dealeth simplie and sincerelie, or else craftilie and by fraud. If sincerelie, then is he bound to kéepe no more but that which he meant to doo: but if fraudulentlie, then let him be sure, that he is bound to the meaning of him, whom he would haue beguiled. But if an oth be made in ciuill pleadings, the words of them which be sworne, must be taken according to the common meaning. If there happen a doubt, the magistrate shall be the iudge thereof. But returne we to Dauid: if he delt sincerelie, and had the foresaid condition in his mind; he was not bound to Semei, in respect of his conscience. If he ment to applie himselfe to the time, and by anie meanes to beguile him, he sware not in truth. Wherefore let vs vse this inuincible argument; Either he ment to kéepe his promise, or he ment it not; If he ment it not, he should not haue sworne; If he ment it, he should haue performed it, if it were lawfull. If an oth doo confirme an vniust thing, it must not be kept. Now to promise impunitie to a wicked man, which hath broken the lawe of the Lord (for the lawe saith, 56 Thou shalt not curse the prince of thy people ) is not iust: wherefore he was not to performe the oth which he made.
57 The oths which be made vnaduisedlie, ought not to be performed. These be of those sort of things, which alwaies haue an euill end, turne which waie thou wilt. If so be thou performe them not, thou hast sworne naughtilie: if thou doo performe them, thou makest a double offense. Neither here auaileth the instance of the Israelites fact with the Gabaonites. 58 They séeme to haue sworne that, which was not lawfull; and yet they thought themselues bound vnto their oth. In verie déed we saie, that they were not bound: for the Gabaonites dissembled with them. When he that sweareth, is deceiued, he is not bound. But the Israelites thought that they should blemish the name of God, if they did not stand to their agréement; and that the oth which they made, was not contrarie vnto the word of God. God would not haue had them to make peace with the Chananites, of their owne accord: but it is added; Vnlesse they had demanded peace: but they alone desired it. This therefore is not against the commandement of God; especiallie séeing they not onlie did receiue the religion of the Israelites, but also were appointed for perpetuall seruice vnto the tabernacle. Also the Israelites thought themselues to be deceiued by their owne fault, bicause they had not taken counsell from the mouth of the Lord. The promise, which Dauid made, was not lawfull; namelie, that a wicked man should be spared. Therefore it is no maruell, if afterward he warned Salomon, that this euill might be amended.
13 But verie manie doo doubt, 59 whether it be lawfull to offer an oth vnto him, which is suspected of periurie; and by great coniectures is thought that he will be forsworne. For not onelie sinnes must be auoided, but also there must be no occasions of sinning offered vnto our neighbours. To this I answer: It is necessarie for vs to ponder, that they, which offer an oth, be not all of one sort. Wherfore, if they be iudges that doo it, and that the order of lawe require, that an oth should be offered; in obeieng of the lawe, they sinne not. Let them commit the matter vnto God, and diligentlie warne him of his dutie, vnto whom they offer the oth. For (as it hath béene said) the lawe of God in Exodus commanded, that in certeine cases an oth should be taken. This if the iudge obserue, it can not rightlie be said, that he giueth a true occasion of periurie. But if so be the oth shall be voluntarie; to wit, betwéene priuate persons, it must not be offered to such a man, as vpon iust cause is suspected of periurie. For it is not lawfull to anie man, for his owne aduantage sake, to prouoke an other man vnto sinne. As touching priuate conclusions, bargains, and couenants, let them be omitted, rather than for our sakes the name of God should be made a iesting stocke. 60 Wherefore that which Salomon desireth, is holie and iust; namelie, that euill may be taken awaie from the people, and that men may be terrified from taking of the name of the Lord in vaine; either by denieng of a truth, or affirming a falsehood by the testimonie of his name. King Salomon desired nothing, but that he knew God himselfe did like of. For in the ten commandements it is written; Thou shalt not take the name of the Lord thy God in vaine: for God will not account him innocent that so dooth, but will gréeuouslie punish him, as one that is guiltie. That this might come to passe, Salomon desired, and especiallie vnto them that forsware themselues in that house, which he had latelie builded.
The oths, which (as I said) were taken, were accustomed to be doone ouer against the altar of sacrifice, that is, in the court of those men that were cleane. But the oth of prophane persons, which commonlie they call the laitie, was doone at the wall, whereby the court of the priests was seuered from the same. 61 Certeinelie, an oth was inuented for the honour and glorie of the name of God, and was commanded in the lawe. So then it is the part of a good prince, to be verie circumspect, that it fall not out otherwise; namelie, to the contumelie and iniurie of God. And therfore Salomon is to be commended, when he praieth, that the honour due vnto the name of GOD might remaine entire; and that euerie mans owne, so far foorth as is possible, might be rendered vnto him; and that the lawe of laieng to pledge, or of stealing, or of dooing harme might be kept inuiolate. But at the first shew it séemeth, that Salomon did not the office of a godlie king; bicause he desireth iustice and damnation vnto sinners. To this may be answered, that he likewise, on the other side, desireth good things vnto those that were innocent; namelie, that right iudgement might be ministred vnto them, and that God would defend their cause. Further, it must be considered, that the glorie of God, and publike safetie, is to be preferred before the commodities of priuate men. But God hath delt much more seuerelie against periurie, 62 as it is in the sixt chapter of Leuiticus: for there he not onelie condemned the periured man: but also all those, which being priuie of the periurie, held their peace. For the lawe commanded, that they, which for a certeintie knew, that an oth was falslie taken, shuld in stepping forth reueale the same, that the name of God might not be had in derision. Wherefore Salomon praieth God, that he will heare it out of heauen.
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Footnotes
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In Gen. 21. 23. Gen. 21, 23. ↩
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The definition of an oth. ↩
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That an oth in his owne nature is good. ↩
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Heb. 6, 16. ↩
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Ibidem. ↩
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Why an oth was instituted. ↩
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A similitude. ↩
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Matt. 5, 37 ↩
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In 1. King. 8 verse. 31. ↩
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verse. 8, 11. ↩
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Numb. 5, 14. ↩
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Hebr. 6, 6. ↩
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How manie kinds of oths. ↩
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Whether it be lawfull for a christian man to sweare. Matt. 5, 34. ↩
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Exod. 22, 8. and 11. ↩
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Esai. 65, 16. Ierem. 4, 2. ↩
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Iohn. 4, 3. ↩
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Matt. 26, 63 ↩
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- Cor. 1, 23
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Apoc. 10, 5. ↩
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In the new couenant greater things are required, than in the old. ↩
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Matth. 5, 34 ↩
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That Christ forbad not an oth. ↩
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Oths by creatures. ↩
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Heb. 6, 16. ↩
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Gen. 42, 15 Deut. 32, 1 Esaie. 1, 2. ↩
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Oths of cursings. 2. Cor. 1, 3. Psal. 44, 2. and 95, 11. ↩
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Iames. 5, 12. ↩
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Whether we may sweare, bicause things to come are not in our power. ↩
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The things that are to be blamed in oths. ↩
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Matt. 14, 9. ↩
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- Sa. 25, 22.
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Deut. 6, 5. ↩
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Iosua. 9, 15. The couenant of the Gabaonits. 2. Sam. 21, 2 ↩
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Of forswearing. ↩
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The greeuousnes of periurie. ↩
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Exod. 20, 7. ↩
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Faith or promise must be kept euen with enimies. ↩
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Deceitfull words in swearing. ↩
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Heb. 6, 16. ↩
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Of rash swearing. ↩
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Exo. 23, 13. Looke In. 2. Sam. 23. 12. Iosu. 23, 2, ↩
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Gen. 31, 57 ↩
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Ibidem. 2. ↩
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In 1. Sam. 25, vers. 35. ↩
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Whether it be lawfull to sweare by saints. ↩
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Looke the questions after the common place of the Masse in the addition at the end. ↩
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Deut. 6, 5. ↩
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Socrates oth. The Manicheis oth. ↩
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Ierom. ↩
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The fourth Councell of Carthage. ↩
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How manie waies God is called to record. ↩
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In 2. Sam. 19, vers. 16. ↩
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Whether Dauid sware rightlie vnto Semei. ↩
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According to whose mind an oth must be interpreted. ↩
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Exo. 22, 28. ↩
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Oths made vnaduisedlie, must not be performed. ↩
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Iosua. 9, 15. ↩
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In 1. kin. 8. verse. 31. Whether an oth must be giuen vnto him that is suspected of periurie. ↩
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- kin. 8, 31.
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Whie an oth was inuented, and how inuiolablie it should be kept. ↩
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The seuere chastisement of periurie. verse. 3. ↩